Broadcasters on TV Ch. 52-69 should have to give back their analog channels Dec. 31, 2006, regardless of whether 85% of U.S. households have access to DTV, outgoing FCC Chmn. William Kennard said in letter to Congress, and broadcasters on other channels should begin paying escalating spectrum fee to continue analog broadcasts. Changes were among several that Kennard proposed to Congress as way to speed DTV transition.
Pa. Attorney Gen. filed lawsuit against Pittsburgh telemarketer Liberty Publishing Co. and Liberty Pres. George Lee, alleging they used deceptive tactics to convince Pennsylvanians to donate $3 million for law enforcement groups in 2000. Alleged violations of Pa. telemarketing laws include misleading donors as to how their contributions would be spent, employing convicted felons as telemarketers, implying solicitors were police officers, implying that donations would entitle consumers to special treatment by law enforcement officials, using intimidation tactics, listing higher amounts on pledge invoices than agreed, implying donations would go to all police agencies rather than just to their clients and failing to register as a telemarketer and post required $25,000 bond. Suit seeks immediate end to unlawful conduct, restitution to affected consumers, minimum $1,000 fine per telemarketing violation, reimbursement of AG’s investigative costs and legal fees.
XM said Mon. it had signed manufacturing contract with Visteon for digital radio service and audio entertainment technology. XM also signed programming agreements with National Lampoon, Firesign Theater and Discovery Channel.
U.S. Supreme Court agreed Mon. to hear appeal of decision by 8th U.S. Appeals Court, St. Louis, that vacated FCC’s Total Element Long-Run Incremental Cost (TELRIC) pricing standard for competitive interconnection (CD July 19 p1). Court said it would hear case (Verizon Communications v. FCC) in 2001-2002 session that begins in Oct., meaning decision probably won’t be handed down until about year from now. Appeals were filed by Verizon, WorldCom, FCC, AT&T, General Communications. FCC Gen. Counsel Christopher Wright said agency was pleased court had granted its petition in this case as well as another involving rates that utilities can charge for pole attachments (see below). In both cases, “Congress decided that utilities owning bottleneck facilities must lease them to competitors at reasonable rates,” Wright said.
Nokia Neu CommTech, joint venture of Nokia in China, and Beijing and Hubei arms of China Mobile Communications (CMM), reached agreement for delivery of Wireless Application Protocol (WAP) technology, terms not announced. Companies said gear would be used to start wireless Internet services to northern, central and western regions of China. Nokia said deliveries had begun and system would start operating next month. CMM plans to offer WAP- based services to more than 1 million customers. Separately, Nokia signed $160 million pact to deliver GSM 900 MHz and 1800 MHz network equipment to China’s Yunnan Mobile Communications Co. Nokia said it would provide high-capacity mobile switching equipment and base station controllers. Companies said network upgrade would increase capacity of network for Yunnan’s nearly 2 million subscribers in southern China.
In much-anticipated announcement, President Bush tapped FCC Comr. Powell as chairman Mon., just days after departure Fri. of FCC Chmn. William Kennard. Powell, who has been on FCC since Nov. 1997, had been widely viewed as front-runner for post, although official word didn’t come until White House spokesman Ari Fleischer announced appointment at news briefing Mon. Separately, executive memorandum issued by Bush Chief of Staff Andrew Card began circulating more widely at FCC Mon. Though it wasn’t clear how much authority Executive Branch has over decisions of independent agencies like FCC, memo is intended to suspend regulations that agencies have approved recently but which haven’t yet been published in Federal Register.
Bills that would criminalize irresponsible car phone use have appeared in Minn. and Miss. Bill in Minn. House would make it criminal misdemeanor to use any mobile telephone while driving motor vehicles in state. Bill (HF-200) would require penalties for violators but doesn’t specify what they should be. Sponsor, state Rep. Mike Jaros (D-Duluth), acknowledged that total ban on car phone use was longshot, but said bill would help bring issue of irresponsible mobile phone use into public view. Jaros said he was open to compromise, such as allowing hands-free mobile phones and emergency calls to 911. Measure is in House Crime Prevention Committee. Miss. car phone bill (HB-159) would make it criminal misdemeanor to have auto accident because of talking on mobile phone. If police determined mobile phone use caused or contributed to accident, offending driver could be fined $1,000 under bill. Conviction also would be considered persuasive evidence of negligence in any lawsuit arising from accident. Bill is in House Judiciary Committee.
Nicholas Wodtke, ex-Columbia TriStar International, named senior vp-interactive TV, Sony Pictures Digital Entertainment… Allison Remsen, former NCTA staffer, promoted to press secy., House Minority Whip Bonior (D-Mich.)… Changes at NBC: Barry Stoddard promoted to senior vp-program research, West Coast; Rosalyn Weinman, exec. vp-broadcast content policy and East Coast entertainment, leaves network… Changes at CNBC: Steve Sherman promoted to vp-research; Andrew Warren, NBC, moves to vp-CFO… Philip Lelyveld promoted to vp-digital industry relations, Disney… Changes at Discovery Networks International: Rex Recka promoted to vp-programming & sales operations; Tony Harvin, ex- Motown and Arista Records, named dir.-program sales… James Clifford promoted to senior vp-CDMA technologies, Qualcomm… Promotions at Verizon: Wajeeha Aziz to dir., operations-western N.Y. region; Tarita Miller to dir., operations-N.Y. midstate region… Changes at EMS Technologies: Jay Grove, ex-ViaSat, appointed vp-gen. mgr., EMS Space & Technology Group-Atlanta; Michael Gulledge, ex-Glenayre Electronics, named vp-mktg., Wireless Div… Promotions at The National Telephone Cooperative Association: Marlee Norton to vp-international programs; Barbara Ritter to vp-human resources; Ron Precourt to dir.-training & development; Eleanor Baird to dir. of meetings… Sarah Foss promoted to dir.-mktg., Bcst. Communications Div., Harris Corp… Thomas Hicks III, ex-Greenberg, Traurig, becomes partner, Wilmer, Cutler & Pickering.
BT N. America said it opened new Digital Switching Center at Teleport in Washington. New facility will provide customers with international gateway to IP connectivity, digital transmission services and access to BT’s infrastructure.
FCC strengthened its line sharing rules in an order released Mon. that acts on petitions for clarification or reconsideration of rules agency adopted last year. Among changes adopted in new order: (1) Line sharing applies to entire loop, even where portion of loop is on fiber facilities. (2) ILECs must provide line splitting so competing carrier can provide voice and data over same line either by itself or in partnership with data carrier.